Judgment is expected on Tuesday morning in the urgent application brought by the Government Employees Medical Scheme (GEMS) and the Board of Healthcare Funders to stop the publication of an Interim Report on some medical schemes‘ alleged racial profiling of healthcare providers.  

The report by a Section 59 Investigating Panel led by Advocate Tembeka Ngcukaitobi was expected to be released at a media briefing on Sunday.  

The Gauteng High Court has held a virtual sitting to deliberate on the merits of the urgent interdict. 

GEMS approached the courts to garner the right of reply to the report.  

Principal Officer Dr Stanley Moloabi says they have not seen the report or have been afforded the opportunity to respond to the serious allegations in it. 

“We will only have a ruling at 9.30, but there has been an impression that we are trying to block the release of the reportthat is not true. What we were saying to the court is that the current report is an interim report. We believe that we should have been given the right of reply. The reply would then be considered by the panel and after which the report can be released,” says Moloabi.   

GEMS has argued that the Section 59 investigative report contains scathing findings against it that will have severe repercussions for the scheme. 

They argued that it is not within the powers of Section 59 to release the report 

They also argued that releasing the report would cause them irreparable harm, be prejudicial to them and damage their reputation.  

They say it is not stated in the Section 59 panel’s founding terms of reference that the report should be made public. 

In the video below, former Health Minister Dr Aaron Motosoaledi  weighed in on alleged racial profiling of doctors by medical aid schemes:

-Additional reporting by Maluti Obuseng